The Georgia constitutionalist. (Augusta, Ga.) 1832-184?, December 25, 1832, Image 2

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THE COWriTI’TIONAMST. I 11 jy uTtEI * BtA'clh, | CT TERMS For tl»« ••mi-weekly pap.'f, publiahmi erery Tuesday ami Friday morning, p«r annum and for the weekly $3. all payable in advance tr ADVERTISEMENTS are inserted weekly for 63 |-3 cents per square ; eemi.weekly 62 1-2 cents for the fint. and 43 3-4 centt for each s«l»*equent insertion, and monthly for 8 1, 00 per aquarc for each insertion. For yearly advertisement* private arr.ingera#ou are in be made. A deduction i* made on the advertiae nventc of public officer*. fjT Pontage rauai be paid on letter* of bwwneoe. pkocla >iatio\ t , BY THE GOVERNOR OF SOVTJI-CAROLINA. Whereas, the President of the United Stales hath issued his Proclamation concernin'; an “Or dinance ofthe People of Socth-Carolina,to nullify certain ac’s ofthe Congress ofthe United States,” laying “ du'ies and imposts for the pro. lection of domestic manufactures.” - And Whereas, the Legislature of South- Carolina now in session, feeing into considera tion, the mo'ters contained in the said Proclama tion ofthe President, have adopted a Preamble & Resol ir ion to the following effect, viz “Whereas, the Pres.dent of the U. States has issued his Proclaim-ion denouncing the pro •ceding* of this State, calling ujion the citizens thereof to renounce their primary allegiance, <k threatening them with military coercion, unwar. ranted hy the constitution, and utterly inconsis tent with the existence of a free State, be i: therefore. Resolved, That his Exc< llency the Governor be requested, forthwith, to issue his Proclama tion warning the good peopleofthis State against the attempt ofthe President of the United Stab 9 to seduce them from*heir allegiance, exhorting them to disregard hit* vain menaces, and to b« prepared to nus'ain the dignity, and pro ecf the liberty of the Sta'e, against the arbitrary mea sures proposed bv the President.” Now, I, Robert Y. Havne, Governor of South-Carolinn, in obedience to the said Resold, tion, do herebv issue this my Proelamat #i, sol mnly warning the good people of this State a gains' the dangerous and pernicious doctrine promulgated in the s .id Proclamation of he President, as calculated to mislead their judg. ments.as to he true character of the government under which they live, and the paramount ohli ga'ion which they owe to the Sta’e, and mani f. stlv intended to seduce them from their allegi ance, and by drawing them to the support ol the violent and unlawful measures con emplated hy the President, to involve them in the guilt of Re bellion. I would earnestly admonish them to beware of the specious but false doc nne* by which it is now attempted to be shewn that the several States have no' retained their en’iiesov ereignty, that “ the allegiance of their citizens was transferred in the site-d instinct to the gov ernment of he I nited States, that “a State cannot he said 'o be sovereign and independent whose citizens owe obedience to 1 iwi no made by it;” that “even under the royal government we had no separate character;” that the Cons i tution has created “a national government” which is not “ a compact between Sovereign States”—“that a Sate h.-.s no right to se cede”—in h word, lhat ours is a national go. vehnment in which he people of all the States ■re represented, and by which we are eons i u ted “ one people” —and “ that our Represen a. lives in Congress are all representatives of the Uni ed Sa es and not of the particular Sa es from whicli they come” —doc rin.'S which tip. root the very foundation of our poli deal system —annihilate the rights <*f the States —and u ler ly destroy the liberties of ilie citiz n. It requires no reason ng to shew wnat the hare sta’ement of these propositions demonstrate,, that such a Government as is here described, h s not a single feature of a confederated republic. It is in tru h tin accurate delineation, drawn with a bold hand, of a great consolidated emp r , —‘ one and indivisible,” and under whatever specious form, i’s powers may he masked, i ism sac the worst of nil despotisms, in which the spirit of an arbi'rarv government is suffered to pervade ins i. tutions professing to bo free.—Such was not the Govermnen , for which our fathers fought and bled, and offered up heir l.ves and for utv-sa* a willings icrifice. Such was no the Government, which the great and patriotic men who called the Union into being, in the pi *nitn le of thoir wis doms framed. Such was not the Government which the fiihers ofthe r-vublican laith, led on by the A post I j f*t American Liberty, promul gated and successfully inaiiit lined in I7riß,anl which they pro luced the great [>oli ic 1 revo lution effected at that auspicious era. To a Go. •eminent bas al on such principles, South-Caro- Una has not been a voluntary party, and to such • Government she never wdl give her sssen . j The records ofour history do, in lee ’, afford the prototype of these sentiments, which is to lie found in the recorded opinion ot thos ■, who, when the Consti ution was framed, were in favor of a “ firm National Govermnen',” in which the States should stand in the same relation to the Union, that the colonies did towards the mo her country. The Journals ol the Convention and the secret history of the debates, will shew that this party did propose to secure to the Federal Government an absolute supremacy over the States, by giving them a negative upon their laws, but 'ht same history also teaches us that all th<**«* projiositions were rejected, and a Federal Government was finally established, recognizing the sovereignty of die S ates, and leaving the oons itutional compact on thefoo ing of all o her compacts between “ parties having no common superior.” h It is the n itural an 1 necessary consequence of he principles hus autliori a ively announced by the President, as cons itu ing the very bas s of our political sys cm, that the Federal Govern ment is unlimited an 1 supreme; being the exclu sive judge of the extent of its own powers, the laws of Congress sanctioned by the Execu ive and the Judiciary, whether passed in direct vio lation of .he Cons ituliun an I righ’sof the sta'es, or not, are “ he supreme law of the land.” Hence it is that the President obviously cons d «rs he words, “ made in pursuance ofthe Con stitu ion” as mere surplusage ; A: therefore wlun he professes to recite the provision of the Con stitution on this subject, be s ates that our “ so ciALcuM:• ver in express terms declares that tie htes nf the United St lies, its Constitution, «Se the Treaties ma le un ler if, are the supreme law of the land,” & speak* throughout cf “ the explicit supremacy given to the laws of the Union over those of theS a es”—as if a law of Congress was ofitsclfsupreme, while it was necessiry to the validity of a treaty that it s'mjuKl be made in pur suance of the Con* iuition. Such, however, is not the provision of the Con s'itu ion. That io •'rument expressly provides that “the Cons itu *»s # am] laws ofthe Uni ed States which sh iU b* mid* in puruunce thereof, shall be the su preme 1«» of the lan I, any thing in the Cons i tution or laws of any Slate to the contrary not withstanding.” « j Here it will be seen that a law of Congress, as such, c.m have no v.didi y units* made “in pur suan£e of the Conrti'u ion.” An unconst tution nl act is therefore null and void, and ihe only i point that can arise in his case is whether, to the \ Federal Government, or any department thereof . has been exclusively reserved the right to de- ; cide authorita* ively for the States this ques ion ! of Cons itutionality. If tliis be so, to which of the departments, it may he asked, is this right of final judgment given ? If it he to Congress, then is Congress not only elevated above the other department of the Federal Governmen’, but it is put above the Const!'utiun itself. This, however, the President himself lias publicly an 1 solemnly denied, claiming and exercising, as is known to all the word, he right to refuse to execute ;ic s ofCongres* and solemn treaties, even after they had received the sanction of every department of the Federal Governm n*. That the Executive poss uses this right of deciding finally and exclu : vely as to the validi ty of acts of Congress, will hardly be preen led —and that it belongs to the Judiciary, except so far as may be necessary to the decision of ques tions, which may inciden ally come before them, in “ cases of law and equity,” has been denied by none more strongly than the President him self, who on a memorable occasion refused to acknowledge the binding authority of the J'Vd ernl Court, and claimed for himself and has ex. ercisod the right of enforcing the laws, no' ac cording to th* ir judgment, but “ hi* own un * anding of them.” And yet when ii serves 'he purpose of bringing odium upon Sou h-Carolinu, “ his native State,” the President lias no hesita tion in regarding the attempt of a State to re lease* herself f; om the con rol ofthe Federal Ju diciary, in a m tier tiff ctiug her sovereign rights, as a viola’ion of the Cons itution. It is unnecessary to enter into an elaborate examination ofthe subject. It surely cannot admit of a doubt, that by the Declaration of In dependence, the several Colonies became “ free, sovereign, an i independent States,” and our po. lifical his orv, will nbnndan Iv shew that nf every subs quent change in their condi ion up to the formation of our present Const.tu ion, the States preserved their sovereignty, 'ihe dis covery of ih s new feature in our system, tha the States ex is only as members of the I nion— tliat before the Declaration of Independence, we were known onlv as “Colonies” —and that even under the articles of confederation, the S'ates were considered as forming “ collective ly one nation” —without any right of refits ng to submit to “ anv decision of Congress”— was reserved to the President and his inunedi tit pre. de censor. To the latter “ belong* the invention, and upon the former, will unfortuna ely fall ilie evils of reducing it to pracice.” Soufh-Ca rol’na hoi Is the principles now pro mulgat'd bv the President, (as they must always be held bv till who claim to be supporters ofthe Sta’e*.) “as contradicted by the le ter of the constitution —unauthorised hy i s spirit —incon- sistent with every principle on which i 1 was founded —de* ructive of all fheobjec » for which it was framed” —u'terly incomp* ible widi the very existence ol the Sta es —and abs'du ely la ta! to the rights and liberties of the peoj I •- Soulh-Carolina has so solemnly and repea edly expr<*4;'(i o Congn and the W •rid the prin ciples which she believes to cons itute the Very pillar* of the Cou* i n ion, that it is deemed mi nee ssary to do more* at ’-his time, than barely to present a summary ol those great fundament at truths, which she b. li- ve* can never be sub- V( te*l wi bout the inevitable destruc ion ol the liberties of the people and of the Union i self. Fouth-Carolina has neverclaimed, (as is assert ed by the President,) the right of “ repealing at pleasure, all the revenue I ws of the Union,” much less the right of “ rep- alng the Con* i u tion itself, an 1 laws pa.si •«! to give it effec which have never I ten alledprtl to ■ e unconst tii tion i!.” She claims only he right to judge of infractions of the Const! u ion d compact, in violation of the reserved rights of t e States, an I of arrest in g he progn ssof i surpation w.th in her own limits, and wh. n. as in the Tariff* of 183*2, revenue and pro cc ion—const! n'ional and nnconsti n i«»na! objec s have been so mix ed up to ;etlu*r, t li.it i* t* found impossible * draw the line of discrisnina ion—she h:is no al terna ive, hut to consider the whole jis a sys tern, unconstitut onal in its character, an i to leave it to those who have “ woven the weh, 4 o unravel the threads.” Son'll-Carolina msis s, and she appeals o the whole pol.tic.il his ory oi our country, in support of her position, “t iat the Consti ution of the Uni ed Stat< s is a compact between soverei ti States —dt til creat sa con fuller .ted republic, not having a s ogle feature of n itionalrv in i s b.nidation —tha the people of the several States as dirt net political com munides ratified the Const! ution, each Sta e ac ing for i self, and bin lio ; its own citizens, and no t ose of anv o her itto, ‘ho act ol ;ati fication de I iring i ohe binding on the Sta es so ra living—th rt it s arc is an'hors, heir power crea ed if— be r voice c!<*t ie !iwi h au thoriiV—the government whicli t formed, is c imposed of their a ;ents, an I he Union oi which it is die bond is a Union of feta is and not of individuals —that as regards :he bum la tion an 1 extent of its power, the gove. nment o! the United States is s ric.ly what its name im plies, a Federal Governm - * ti' —that ih-' S a cs arc as sovereign now as they were prior to the entering into the compac —that tne bedcral Cons itu'ion is a confederation in the nature of a treaty —or an alliance by which so many Sove reign Sta es agreed to exercise their s >vereign powers conjointly upon cer ain of>j<-cts ot exter. nal concern, in which hey are equally interes - ed, such a* war, peace, commerce, Foreign Negotiation, and Indian 1 rade ; and upon all o T her subjects of civil government, they were io exercis.: their Sovereignty sep trite'y. For the convenient conjoint exercise of the s vereignty of the States, th are must of neces sitv he some common agency or func ionary. This agency is the Federal Government. It re presents the confederated fetates, and executes their joint will, as expressed in the compac . The powers of th s govermnen* are wholly dc~ rintire. It poss ss sno more inherent sover eignty, th an an incorporated town, or any othew great corpora’e body—it is a political corpora tion, and like all coronations, it looks for iu powers to an exterior source. That source is :he Sta’es. Sou’h-C. irolina claims that by the Declara tion of Independence, she became and has ever s nee continued a free, sovereign, and lnde|)en. dent State. That as a sovereign Sta'e, she has ‘he inker ent power, to do all *hose ac s, which by the law of nations, any Prince or Pot« n ate may ot right do. That like all independent S ates, she neither has, nor ought sire to suffer any other res mint ujH>n her sovereign will and pleasure, than those high moral obligations, under which all Princes and Sta'es are bound before God and man, to perform their solemn pledges. The in evitable conclusion from what has beensiid therefore is, that as in all cases of compart be tween Indepen lent Sovereigns, where from the very nature of things, there can be no common judge or timp're. each sove r ei?n Has a right “ to judge as w II of infractions. jis of he mode and measure of redress,” so in the pres -nt contro ; versy, between Sou h-Caro’ina and t ! e j Governmcn*. it belon ss delv to her, by her tie - ! legates in solemn Convention assembled, to tie i cide, whether ihe feden l compact be violated, | and what remedy the State ought to pursue. South-Caroiina therefore cannot, and will not yield to itnv department of the Federal Govern ment, a right which en ers into the essence o| nil sovereign v, and withou which, it would be come “ a baulde and a n me. ’ Such are t|ie doc.rtnes which Son h-Carol;na has through her Conven ion solemnly promul gated to the world, an i by them she will s and or fall: such were th<* principles promulgated by \ irginin in ’9S. and wdneh ilu*n received the san ton of hos great men, whos- r.-eor led s.*u iments have com ■ down o in ts a light to our feet an i v iamn ’() our path. It is \ irg.uii ant no* Sou h-Carolitta, who speaks when it is said hut she “ views the powers of the Federal Government, as resul ing from the comp'ict, lo which the st ites are pirlies, as limited by the plain sense and iu’ention of the instrument con stitutiug that compact —as no further valid than thev are authorised by the grants enumerated in that compact ; and that in cas of a deliher ate, palpalde and dangerous exercise of o her powers, not gran ed by the said compact, the S*a f es who are par ies thereto, have the riglr, and are in duty hound, t > interpose, for acres . ing the progress of the evil and lor rnain aining within their respective limi s, the “an horities, rights and I h-rti s. appertaining to them.” It is K'-n uckv who declared in ’9l, speaking in the explicit 1 mguage of I homas Jeffer-on, that “ the principles and construction contended for by members of the Sta e Legislatures, [the very same now maintained by the Pres'dcnt,] that the general governnii nt :s the exclusive judge of the ex en' of the powers delegated to it, sop no;fling short of despo ism—since the discretion of those who admin’ster the govern ment, and not the consti ution, would be the measure of their powers: i hat the several S ates who formed the ins rumen' h-ing sover ei n and in lependent, have tlie unq tes ionalde ri-riit o ind'fc of he infrac ion, and, Ts I AT, A NULLIFICATION BY THOSE SOVER. EIGNTIES, OF ALL UNAUTHORIZED ACTS DONE UNDER COLOUR OF THAT INSTRUMENT, IS THE RIGH TFUL RE MEDY.” It is -he great Apostle of American liberty hanself who has consecrated these principles, and lef them as a !e racy *o the American pro pie, recorded by bis own hand. It is by him that we are instructed —* that to tne Consti u t oiv l eonrpac , “ each St t’e acceded as a S’ate, and is an integral party, its co sta rs forming as to i seif the other party,” that “ they alone la*, ing parties to the eompac* are solely authorized to jnt J fie in thr hut re'to >•1 of the pow rs cxtc’s ed under it ; Congress being not a par y bu merely the crwa'ure of he compact ; that it becomes a sovereign State o submit to unl.-le gated, and consequently nnlimi ed power, m no man or body of men, upon earth ; that where tlowers are assumed which have not be* n dele, gated, [the v. tv case now before ns.] a nullihca tion of the act is he righ lid remedy ; hat eve ry State has a natural right in cas. s no’ within the compact, [c is us non fetderis,] to nullify oj their own authority til! assumption of power by o hers within tlieir limits, an I ihat without this right thev would he under the dominion fthso lute and iinhmi ed, of whomsoever might oxer eis ■ the rigid of judgment for them,” and that in e. se of acts being passed by Congr ss palpably against the Cons i ution as to arnoun to an un Hsguised declaration, tliat he compact is not meant to be the mas ireof the pow-rs of the G n ra! Government, hut that it will pro. cecd to exercise over the S a cs all powers what soever, it wo d1 he the duty of he St.it. s :ode elate the acts void and of no force, an . that each .should l ike inc isures of its own for provid ing that neither s ich acts nor any o her of die General Government no ; plainly and in ention allv authorized hv the Co istitution, shall he ex ero’s,-d wi bin tlieir respective tend ori. s ” li is on lli- s ; gre .1 and essantiol truths, that South-Carolina has now act d. Judging for herself as a sovereign S a e, she h s prono m ce i die Protecting Sys*em, in all i s branch s, to he a “ gross deliberate, an i pal; aide viola tion of tlie Constitutional compact ; ” an i hav ngi xh .listed i vervo her means of redress she basin the exercis ■ of her sovereign righ s as one of the parties to that compact, and in the performance of a hi h and sacred duty, in er posed for arres ing the evil of usurpation, wi h in her own limits, by declaring these ac sto he “ null, void, and no law, an j inking measures of her own, that they shall no. be i nforced within her own limits.” South-Ca rolina has not “assumed” **di t could j be considered as a’ all doub Oil, when she as. t s r s “ *h t lie ac s in qu s ion, were in re; 1 tv inten led for die protect ion of man ufac lire’s that ‘ the amount received by .h an, is great er than is r quired by he wan s of he govern, men”—and finally, “ dia the p recce's arc to he applied to obj.-c s unauthorized by the Con si u ion.” 'These facts are no onous—hese objects openly avowed. The Presidin', without ins i'uting any inqnis tion into mo him self discovered, and publicly denounced them ; and his officer of finance is even n >w, devising measures, in-ended, as we are told, to correct *he*e acknowledged aims s. It is a vain and idle d s;m‘e about words, o ask whether th s right of S ate in erposition may b • most properly styled, a Consri utionai, a so vereign, or a reserved right. In calling this right consti utionai, it could never have been in tended to claim it as a right granted by, or de rived from the Cons ilution, but it is claimed as cousis ent wi h i s genius, i s Utter and its spirit; it being not only His inetly unders ood, at the time of ra ifying the Constitu ion, but expressly provided for. in the ins rument i self, tha all so vi reign rights, not agreed o be exercised con join !v, should be exerted separat ly by tlie States. Virginia declared, in reference to the right asserted in the Resolutions of ’9?, above quo ed, even after having fully and accurately re-examined and re-considered hese Resolutions, “ that she found it to be her in lispens ihie du y to adhere to the same, astounded in truth, as conson ml with the Cons itution and as conducive to its welfare,” and Mr. Madison hi ms If. as set ted them to be perfectly “ consti utionai and conclusive.” It is wholly immaterial, however, by what name this right may be called, for if the Con sti'urion be “ a compact to which tile Sta es are parties ” if “ acts of the Federal Govermm n a re no further valid than they are authorized by the grants enumerated in that compact,” then we have the au horitv of Mr. Madison hirnsHf for the inevi aide conclus on tha.* it is, “ a plain principle illustrated by common practice, and es sential to the nature of comp ac s, that when re * 8e« original draught of the Kentucky Resolutions in the hand writing of Mr- Jvffersoj, lately published by hi* grundasn. sort can be had to no tribunal superior lo the author! v of the pn •lit s. the parties themselves must be the rightful judge in the 1 st r> sort, wlie her tlie bargain made, has been pursued or violated.” The Constitu ion, continues .Mr. Madison. “ was formed by th-. sanction of the c t ties, given 'y each in its sovereign capacity : the States then being pm ties to the cons i u ion al compact, and in their sovereign capacity, it follows of necess tv, that there can be no tribu nal above their authority, to decide in he las resort, whether the compact made by them be violated ; an 1. conscquen ly, that as tin* par ies to it, thev must ‘hems lv. s decide in the last re sort. such questions as mnv tie of sufficient mag nitude to require th. ir interposition.” If this right does not exis’ in the several States, then! is clear tint tlie discretion of Congress, an ! not the Constitution, would be the measure of tli ir powers and this, says Mr. Jefferson, would amount to the “ s-izing the rights of the Ftavs mi 1 consollda ing th. m in the bancs of the General Govemm n . with a power assum d : o bind rile S'at.s no odv n •: s s made (e<le ral, but in all cas swh ts >ev. r : wh ! w■ d be to surrender tlie form «>, Leo ,n c have ehos -n, to live un ler one ■ > . er from i s own wi l.” We hold it to be impossible to rcs : st the argu ment, that the several -States as sovereign par ries o the compact, must possess he power, in cases ofgross, deliberate and palpable viola tion of the consritution, to judge etch for itself, as well of the infraction as the mode and measure of redress”, or ours is a Consolidated Gov .r\- >i ,xr “ withou limitation of powers,” —a sub mission to which Mr. Jefferson has sol midy pro nnuuced to he a grea‘er evil than d s in ion i s !t. If. to borrow the language of Ma lison’s report, “ the tl libera e exercise of dan reruns powers, palp iblv withheld b\ lie Constitu ion, could no justify the parties to it, in interposing even so far as to arrest thr progress of the evil, an I thereby to I’HESCRVE THK CONSTITUTION ITSELF, IIS Well as to provide for he safe y of’ho par ies to it, there would lie an end to all relief from usurped power, and a drive subversion of the right speci fied or recognised under all he State Constitu tions, as w II as a plain denial of he fan lam ‘tit.tl principle on which our in lependence its--f was declared.” The onlv plausible objec ion that can he urged against this rigli', s> in lispens ride to the sri’e y ofthe S ates, is that it may he abused. Bu this dan'ger is believed to he Itoge her ima-una ry- So long as our Union is f It as a hi -ss n ’ — and this will be just s » lon j as tin* fi d r d gov. eminent shall confine i s oper-i i<>ii within he acknowledged limi s ofthe Charter— hre will lie no I -mp ation for any S ate to invrfi-re wi h the harmonious operation ofthesy -tern. There will exist the strongest motives to induce forbear ance, and non to prompt lo aggression on eit u- i side*, so soon as it s inII come to lie miivers dlv felt an i acknowledged ha th • rs at s do not sfan ! to die I nion in the rcl t on of degraded an 1 depen dan coloui. s, hat th it oar b-*n 1 of union is (tinned Ly m.i tud sympatlih a and e,mi nion iuteres*s. 'The means-,v.-r o tliis objee ion has been given by Mr. Ma ils an, when be says — “If does not follow, however, tha* because the States, as sovereign pa ta s to die c«»us itu loual compact, must ul imatelv decide whether i has been violated, that such a decision ought to be in erj used, ei her in a has v manner, or on doubtful an I inferior oec.isOns. Ev-ui in lic ense ofor finarv conventions Ir tween diff rent na tions, it is always k.id do.\ n hat riie breach must he hot: i wilful and material !o just Tv an a| pi.ca tion of tile rule. Bu in t;e case of an iiiluna c an I cons i ution .1 union, like hat of the United .States, it is evident tuat he in erposition of the parti, s. in heir s ivereign ca acity, can he call ed f»r by oc«;as «»ns only, deeply and er-u nti llv aifjcting he vit.d principles of di. ir p-cfit cal s. s cm.” Experience dem ms'ra'es tha* the danger is no t mt a sta e will resor. to her sovereign rights oo fVcqnen ly or on ligh and trivial occas oas, but that she mav s :r nk from asserting them as , » O o ten as may be iieciss.rv. 1 is maintained by rfouth C rolin i, tba*, ac cording othe rue s. iri» of the Coiisritut on, it becomes Con r r-ss i>'i ad emergencies like riie present, cither o remove the evil by legislation, or o s >lic.t of he cS‘a i s .lie c.dl of a Conven io i ; an I li i ,on a Ikd t’e t-iobt tin by he con sent of three four Isofi.li he »S a •s, au amend ment giving; he disputed power, it must he re gar-led as n ver huviiig lie. H int<*n led o lie given, 'i’rii's 'principles have bet n distinctly recognized by the Pres Men hims It’ in his mes sage It* >*on -ress at the conimeiicemenf of the pr sf-pg session, and they s cm onlv o he im prac (cable absurdi it a when asset- ed by Sou li Lit rolina, or made applicable to her exis in g controversy wi h the Federal Government. But if s ems that South Carolina receives ' from th * Presiden no credit for her smeeri v, when ■" is declared ihr .ugh her Chief’ Magis trate, ’ ha. ‘so suicen ly and anxiously seeks and ds 1 res” be s .bmisson ofher gri'-vaneesto a couvi ntion o ad lie St -It s “The onlv al ern - five (si\s he Pr s un ) which she p-vsen s, is he reppil o ill the est oc r lung revenue : leaving the govern n i w h. i li m• ns >'; support, or an aeq ties eu t e " ■ 'w-‘ our Union." Sou h Carolina li s p t > ieef u such alternatives. Ifthe Pn side-nt hail read ii - documents whic'u riie Convention caused to he forwarded 'oliim for- be express purpose of mak ing known her wishes, and her views, h<* would have foun I, that So. Ca. asks no more h n that the Tariffshould be reduced to the revenue st n dard ; an.l has dis inetly express *d lu*r willing ness, that “an amount of dnti s safi.s an iallv uniform, should be levied upon pot.-eted, as w« 1! as unprotected ui tides ; sutticien lo r-iis-. the re venue ru-ci ssary to meet die demands of he gov. eminent, for cons itutional purpos s.” He would have found in the imposition, pu forth hv he Conven ion its If, a dist.net aj peal to our sis er Mates, for the call of a Conven ion; and die ex pression ofan entire willingm ss on the part of Sou'll Carolina, to submit the controversy to that tribunal. Even at the very moment w hen he was indulging in hese unjust an I injurious inipu a ions upon the people of Sou ; Si Carolina, and tlieir late highly res]«-eted Chief Magist a e, a resolu ion had actually lieen passed thro’ bo h br..nches of our Lcgislu ure, demanding a call of' that very Convention, to which he declares -hat she had no des.re riiat an appeal should be made. If does not become the dignity of a Sovereigi St te, to notice in tlie spirit which might be consider.-d as Im>- lotiging to the occasion, the u iw irr *nt *ble impntalons in which the President has thought proper to indulge, in rel .tion to South-Caroiina, the pro- eediiiLß ot her citi zens and constituted ;iuthoriries. He has noticed, only to give it coutitenance, ih .1 miserable slander whi -h im. putesthe noble stand that our people have taken in de ience ot their righ s and liberties, to a faction instigate.l by the efforts ot a few ambitious le iders who h *ve got up an excitement lor tlieir own personal agjrr ind.ze ment. ’I lie motives and characters of tho«e wha h ve been subjected to these unfounded imputations, are be. y >nd the reach «t the President of the United tales. The sicrifices they have m ide, and difficulties and tri als through which they m iv h ive yet to p ss, will leave no doubt as to the disinterested motives and noble im pulses of patriotism and honor by which they are actua ted. Could they have been induced to separate their °\m personal intercuts from those of the people of'Oiith Carolina, ami have consented to abandon the ; r du'y to i the State, no one knows better rh in the President him solf. that they might have been honored with the highest manifestations of pubi c recard, and peril ips instead o being the objects of vituper t on, might even now It >ve been basking in the sunshine o Exe.-mive favor. This topic is alluded to, merely for the purpose of guarding the people of onr sister states against the fatal dehis : on that South-Carolina has assumed her present posit on und. r the influence of a temp «rary rxhement; and to warn them that if has been the result of the slow hut steady progress of public opi: i«n r or the lasi fen ye.ra : that i ; is the a t o* the people themselves, taken in con formity with the spirit of resolutions repeatedly adopted in their primary' assemblies; and ;he solemn det< mama tionofthe Legislature, publicly arm mneed more than two years ago. Let them not so tar deceive iheinselvt s on this subject, .as to persevere in a course whi it must in the end inevitably produce a dissolution of the I uion. under the vain expectation that the great b >dy of the people ot Sonth-C r din t, listening to the councils of the President, w li acknowledge their error or retrace* theirsteps: and s'ill less that they will he driven ironi the vindic lion a their rights, by the intimation o* the danger of domestic discord, and threats o 1 . wlese vi i lence. Tie hnve men who have thrown theo’selvi s into the hrea-h i t cle ence of the rights and Hb r ies of their c ui’vry, are not • •*» he driven fr > n then h *le •vr-o-we by' nb*n • 's. E f a rrnie-i e 1 »bl • ptv. vid :de its I bve > e r iVVni . i cels ri ’ »: - i- ,-n : ne-\,;nia aeof a sa red du‘y Pi., people of Sou lid r din . are well tware that h >w. ever r>*ssio*i and prejudice may obtain 'or a scam n the mastery of the public inn i, re ison &j* ■ ice must ■ • >ner or later reassert their empire : and th if whatever m*y be the event of this contest, p >sleritv will do justice to iheir motives, and .to the sp > les- p r ly, and dev >'t d > •- tri itism, wiih win hthey h ive eu ! ered into an -rdnous & most unequal conflict, and the unfaltering courage with which, bv the blessing of Heaven, tliay will maintain it. The wh de argument so tar as it is designed at this time to en eriuto if, is unv disposed o' ; a*d it is necessary to advert to some p issages in ihc Pr >- frn *- tion which cannot be passed over in silence. The President distinctly intimates ill t it is his determina tion to exert the right o r putting down the opposition of south-Carolina to the Tariff, 6*/ force of aim. He h lieves himself invested with power to do this under h it pr ivision o r the Cons'itution which directs him “to rake care that the laws be faithfully executed.” Nov ifbv this it wis only meant to bo asserted tbit under the laws ot'C ingress, now of’brce. tin’President wmbl feel hiinsel* bound to ai l the civil tribunals in the m in ner therein prescribed, supp >sing such 1 iws to be con s'itntiou:l. no just exception could be taken to this as. sertion of Executive duty. But if, as is m niiestly n tended, the Presi lent sets up the c! dm to judge for himself in wh it manner the laws are to he en orced. and feels himself at liberty to c ill forth ihe militia, and even the military and ri.iv il forces of the Union, against the Stale of South-C if diua, her constitute;! aufh unties and citizens, then it ; s clear that lie assumes a power not on ly not conferred on the Executive by the constitution, hut which belongs To no despot upon e rth exercising a less unlimited authority, th m the Autocr t of all the Bussias: tin author ly. which, if submitted to, would at once reduce t ! e free people o‘ these U iited States t • a st te of the m st abject and degraded si ivery. But the Pri s dent h s no power wh itsoever t • execute the Laws except in the ni >de and manner prescribed by the Laws themselves. Oi looking i f.) tiicse Liws, it will he seen th it hi* h s no sh idow or semblan e ol an lion tv to execute any of the threats which be lias ilirown o t against the good people of Sonfh-C ;rolin i. T.ie Act of 28 li Fe!)ru ry, 1795. gives the President authority t>» call for h the Militi.i in case of invasion “by a foreign nation or I uli an Tribe.” By the 2nd section of that Act.it is provided that “ whenever the Laws o ’the United States shall bo oppose I, or the exe uti >n there o': obstructs I in any state, by combinations too power ful to be suppressed by the ordinary course of judi ci d proceedings, or by the powers vested in die in .r --sb Is by this A *t, it sh ill be law’ll) 'or the Presi dent of the Uu.ted Sta'cs to call lorth the Militia of su-li state, or of any other sti'e or states, us may be necessary to suppress such combinations, and to cause the Laws to he duly executed.” The words here used, though they might lie suppos. ed to he very comprehensive in their import, are re str dned by th >se which follow. By the next section it is declared that “ whenever it may be necessa y in flic ju Igment of the President to use the .Military lor c here by directed ro be called forth, the Preside it sit II forth with, by Prod mi ition, command such i.v-ujaGK.vrs to dispense mil retire peace b!y to their respective abides within a limbed time.” O i reading these two sections to ether, it is manifest that they rel .te entirely to com hi iitions of in livi Inals acting o f themselves without any 1 iwtul -nnhority. The constituted auriiorities act ing under the I ws of the stite. and its citizens yielding obedience to its commands, c .nnot possibly be consi dered its a mere m >h forming combinations against the authority an I I iws of the Union, t > be dispersed hv an E.x Ki'it'ivc Prod itnation, .nd anv •• ttem*ii so t j tre it them would he a gr iss an 1 ptlpdde violation ot the sovereign nub >r : tv of the s f ;te, and n o.Fert-*e pu tish able criminally in her own Courts. Whether the late prod in ti >n o' the President was intended as a com pli mce with the provisions of this act, does not very de rly appear. But if so, it c n only he c cisidered as directed again f the state, since the Laws of the United Sia'es have certainly not been forcibly obs meted by combinations of any sort, and it is cert ii ly worthy ol observation th o the comm ind exteude I to the people i no - th a th“V sh mid disperse, but that diey sh mid re- is srmb’e in Convention and repe.d the obnoxious Ordin ance. The power of the President, so far as this subject is embr ice I, in re’ation to the Ar uy an I N ivy, i- ex ictly co.exte'is ve with that over fie militia. By the Ist. sec tion of A -t of 3 1 M irdi, 18.17, it is expressly pr >v d d, that i*i all cases o'" “ob- ru tion to the liws of th* U. St ites or ol any in I vi iu I st .te, where it is | iwful or the President to c ill forth the nidi i t 'or the purp >se o causing the laws to he duly exe me i, it so dl be I iw.ui fir him to etnaloy for the s me purp isc. su it part o toe land >r niv.l 'or e oi the U tited St .les is may be ne eessary, having first observed all the pre-req t'siles o, the !iw in ihai respect.” il*ro then ;t is seen, th it un less tie Presi lent is res dv d to dtsregird all eo istitu. >i mi d oblig tions, and to tr imp!** the laws o: his conn try under his 'eet, he h is no auhority wh itever to use force against the slate of S >ut!i-Carolina, and should he attempt t) do so, the patriotic citizens of this st te, know too well their own rights, and have too sacred a reg ml to their duties, to hesitate one moment, in re pelling invasion, come from what qa irter it in -y. Could they he deterred by the threats ol 1 iwless violence, or any auprehension of consequences, trom die tfiith ul performance o’ 'heir duty, they would feel hit t tev wer- the now rhy descend nts o tie * Pi i k’i * s j Sumter«. a d Rm! d.;e-* . >h us 11 1 ot ..-r n •• i wbi '! d • b oi,- - .; -r •! . n r.* til •» , • * ’• : ' | -r ! ,i» .if ’ i u*», -'lUl ><••••* - ' • :>• • itie)i . line;.', e i ..a_ is i legacy liietr s>- eai.i tojiiu. tion tit t we s.b »ald -ever da mdon tii.s con test un il we sb dl It ive obtained “ a fre -h nnder.il a tid ing of the bargain" and restored the I berties :or winch tbey fought and bled. Others still li tger among us, anim iting ns by their extmpie, and • xhorting ns t i maintain that “ solemn Ordinance and Declaration” which they h ive subscribed with their own names, and in support of which they h ive “ pledged their lives, their fortunes and their sacred honor.” Toe annals which record toe struggle of freed mi, -O show us that Rulers in every age and every country, jealous of their power, have resorted to the very same means to extinguish in the bosom of mm tii it noble ui. s’met of Liberty which prompts him to resist oppression. Tne system by which Tyrants in every age h tve at tempted to obliterate this sentiment and to crash the spi rit ot the pe >ple, consists in the skii ill employment o promises ind litre its, in alternate efforts to i noourage their hopes and excite their ’e irs—to show that existing evils are ex iggerned, the da *ger of resistance gre t and the difficulties in the wiy of success i superahle ; and finally to sow disseutions among the people by crea ting jealousies and exciting a distrust of those wh >se counsels and example may be supp sed to have an im portant bearing on the success of their cause. These, with animated appeals to the loyalty of the peo. pie, and an imposing array of" military force, co istitute the means by which the people have in every age been reduced to slavery. When we turn to the p iges of our own history, we find that such were the measures re sorted to at the cotnmen emem of our own glorious re v dution, to keep our fathers in subjection to Gre if Bri tain; and such are the means nnv used to induce the people ol Carolina to “ retrace their steps," and torem tin orever degraded col mists, governed not in reference to their own interests but the interests of others. Our Fathers were t >ld, as we now ire, that their grievances were in a great me isttre imaginary. They were promised, as we have been, that those griev mcesshould he redress ed. They w;ere told, as we now ire, that the people were misled by a few designing men, who-e object w s a dis. solution of the Union, & their own sell-aggrandisement r.uey were told, as we now are, ol the Danger th it would be incurred bv disobedience to the Laws—l ne power and res mrccs of the M uher Country were then, as now. ostent itiously displayed in insulting contrast with the scattered p »pul ition and feeble res mrees on which we could alone rely. And the punishment due to Trea son and Rebellion were held out as the certain fate of all who should disregard the paternal efforts of their Royal Master to bring hack his erring children to the arms their indulgent M >ther. They were commanded, ns * have been, to “ retrace the r steps.” But tho’ diviT** am >ng themselves to a greater cx'ent th in we are now without an <Tsr mused tioveminent, and destitute ofhrm' a d n s inn-es of every ties notion, thev b d defunct t> the tyrant’s power, ami refused obedience to his Cu m mantis. They incurred the Icgd guilt of Rebellion. an j braved the d ttigers, both of the scaffold and the field j' opposition to the c dossal power of the : r acknowledged s ivereign. father than submit to the imposition of ligh* anti ineoisnler dde in themselves, but In noted out their consent for the benefit nf others. And wh tig our present condition ? We hwe an organized Govern, nieut, and a population three times as great asth it which existed in ’7(i. We are m iutaining not only the rights liberties o f the people, hut the sovereignty o four own sta'e. ngainsr whose authority rebellion may be comnii’ ted, but in obedience to whose comnunds no nun car; '•onintir treas >n. We are struggl tig against nnconsiit u t : o ial ind oppressive tix ition imposed up >n ns, not on j without onr consent, hnr in defiance of onr repeated re monstrances :md solemn protests. Ii such a qu arrp .j our duty t.» rur country,■*hu»-«elves. and onr posterity , too plain t> he m's’ iken. W*wll st eal up m the s>jj 0 f C r diua rnd inaint imthr sovereign u h<>r ty ofthe state rbe buried benen h t*» ruins A< unhappy n j fid! be ’re he P aver >f 'lie A to ra’. so m.y’f n ,|j !>e reshed h. the power o' her enemies,— f,., r p,| m j was i * s -r *u ; 'ed hv ree and in lenemle t«., e , ». r sfe •. 11-e Iters, 1 , i;t preventing the e-t ' t'o* ver.'tyra my which they are c died upon in j mpot ’ up m -i si ter sta'e. I in spite of our comm.m kindred & c 'truiun ipferesfs, flic gloriotis recollections nf the p : ,*t f vie proud hopes of the future, South-C ;r.*linashould b dtixTy nbtnrtoneil to her fate, and reduced tu»nbj ei . tion. hv an unholy combination am mg hers'fitersiues-1 whi h is believed to he nfterlv impossible—and the due trines promulgated hy the President are to become th* foundations o<" n new system cemented by the blmd 0 f onr citizens, it m liters not w hat may be onr lot. Under such a G ivenment. as there could he no liberty, so there could be no security either for our persons or our pro pe'-ry. Bn' there is one cons >1 ition, of which in the provifence o< God no people can he deprived, without their consent: The proud consciousness of having done their duty. If onr country must he enslaved, let her not be dishonored by her own sons ! Let them not “fafetht rhaii s themselves by which the r Lhert es art to be man. ac'ed" Tite President has intimated in his Proclamation that i “ stan ling Army” is about to be raised to carry secei. sion info effect. South C r diua desires that her true p isiti in sit all be ‘dearly underst >od, huh at home, ami abroad. Her object is not “ disunion”—site hs r *ised no “standing Armv” nd if driven to repel invasion or resist aggression. >he will do so by the strong arms nd stout he irts of her citizens. Sonth-Uarohnn Ins so. lennly prod limed her purpose; th ;t purpose \slher n ilicafhn -f her rights. She his professed a sincere at. tachment to the Union ; and that to the utm >*t of her power she will endeavor to preserve it, “ but believes th t for this end, it is her duty to watch over ami oppose anv in 'r ictioa of rh >se principles which constitute the oulv bas ; s of tlv.t union, because a fiithhtl observance of them can al me secure *ts existence ; that she vene. rites the constitution, and will protect and defend it “ag i'ist every iggrcs-ion either foreign i r domestic, * hnr above all, that she estimates ns beyond til' price her i.ibeitv, which she is unalterably determined never to surrender while she h s the p mer to maintain it." The President denies in the most positive terms th* righ' of a st te n ider any cir *um.«t inccs to secede from the U tion, and nuts .this deni il o*i the grou id “ th it from t ie t me the states parted with so rn ny powers as to constitute j dully with the other st ites a sinoi.e nation, they cannot rom th it period possess any rig ! t to secede." " hat then remains of those “ rights of the .Mtes" lor which the President nro'esses so “ high a reverence"— in what do they consi t? And hy wh :t tenure are they held ? The uncontrolled vTI of the federal government, L'ke any "flier petty corporation, the states may exert such power , and such only as may he permitted by their snperi irs. hen they step beyond these limits, even * federal officer ni l set at nought their decrees, repeal their solemn ordin nces—proclaim their eit zens to be Tiiaitors, and reduce them to subjection hv military f»r-e; ind if driven to desper ition, they should seek# ri'fiige in seeessi in, they are to be told that they hire hound themselves t > th ise who have perpetr .ted or per mi ted *h**sc en tr.uitios, in the ir m b utd-s of a “m --ecu At, Union ” I these principles could he established, then indeed would the days of our liberty be numbered, am) the re public will Inve found A MASTER. I( Soutli (’aro. lin t h id not already taken her stand agains the usurpation of the fuller il government, here would have been an or. casio i, when she must have felt hersel* impelled hy eve. ry impulse o pitr otistn and every sentiment oi duty, to »t ind forth, in open deli nice o ! ’the arbitrary decrees ol tho exe ■utivc, when a sovereign state is denounced, Iter authority derided, the allegiance of her citize* s denied, and she is thre ifened with military power to reduce her t > obedience to the will of one of the function tries of the le ler.al gover uneiit, hy whom site is commanded to “text Irani herarch’v. s” Iter m »st soletn’i decrees—surely the tfine has come when it inn t he seen whether the people o the sever il st tes have indeed lost the spirit U there v Inti >n, and w hether tli«*y are to become the willing in. struments of tin unh (lowed despotism. 1 1 such a sacred cause S mill (fitr ilm i will feel tint she is striking not lor he I own, hut the liberties the U non ami the biuhts of min, an I she trusts th f the i<sue ot this co uest will lie an exam de to freemen and a lesson to rulers thr uighoul. die vv.trld. Fei.i.ow-Cit.z ns—ln the name andhehalfof the state o Sout.i Cirol aa, I lo once more solermlv warn ym iga ist dl itte nit i to'-ed me you r>m y >ur print iry I leguin *e t > lie sa e, I charge you to fie faithful toy in duty as uiiizeus o' S mill C ir dinti, and e ir u*«lly exhort you t i disreg r I rh is.* 1 v tin mvu i es” o milit ay lor e, wfii *li, if the Preside t, i i violation of all his co'istiuuioa al o'digit j is, hi I if v air :n s s i *r * I rig’its. s't mid he fern it el to enjifiiy, it w ul I heeone your s de in duty it dl h z rls t > resist. I require you t> he ally,pre () red, t i sust il.t tho digtiity and protect the liheitif* "f the v t tte, if need he, with your ‘ lives and torlunei*.” Aid*n iy that gre t and good Bein who, as a “f»uut c retli or hi« iiildren,” inspire us with that holt if**- in A GOOD CAUSE, whi 'K is the BEST SAFEGUARD OF OCX Riducs and Liberties. I* i ttsdmoiiy whereof, I have caused the seal of [ffi. S.] the st ie to be 'hereunto tiffixed, and have signed the s me with niyhand. Eo ie a *. 'o u *ib *, t 08 2 )rh day o. December, '■ the Year n Oar ijord. a id in the 1 i lepeavleuce of the U i te 1 .Motes, the fi.iy.seve’uh. ROBERT V. HAYNE. By the (I >ver ">r, Svmijei. lie;.TON 1. .'t* • a-1 r o r t te, X'i tk. \ i Hue re e red ih i day, per schr. F.xcel, f.om Ytr!c, a Large supply of gEASOVAIJI.U ii >ODS. AMONG THEM ARE, T ibet Wool Shawls and H Ik(s with Vi E ulioss’ il md D iiuask border (a very large supply. Extra rich Merino Long Sh iwls Super brown and sported Fur Tippets Super pi in, green and w ter’ 1 Gro de N ip Silks Extra dal width French black Bombuzefns and supe rior Pongees Super rich c irlet and Fancy Prints Lad es’ snp’r hik. W ;rsf. and wht. Lima’s Wool Hose B »>>’ L mb’s Wool Ii If Hose Super blue, black and brown Cloths **uper fumy stripped Cass meres and Saftinetts f fur Boy’s Clothing) Super blue steel and Oxfiird mixed Saftinetts 2 cases low pric d Ox ord mixed S itfineifs Heavy l)r<b Flushings and Super Bleached Canon FI innels Extri heavy IG-4 B-th Blankets. , By the above and other lecent arriv tin, S. & 8. are> now in possession of a very large and beautiful ass la ment of duv coons. All of which wll he sold at very low prices- Th«y« ! ‘ dso receive, this week, p»r ship M icon, and sch* , " Extra, 1 irge ad lition d supplies, comprising a beautiful assortment of Fin-y and St iple articles. Country merchants will be supplied at a small a-- voice from New. York prii>es. August i, December 11 5t 51 MVliklJisi tlliuaii\ar TO*lttO. rI!E itbs ribershave just received a lot of rhe*- ing T )!>nc o. warranted equal to any. - They have also in Store (on Consignment) a I°' 0 food and comm >n Tob ;cco, which will be sold low. WM. H. MORE!AN & CO. No. 212 Broad.street. November 3') 48 TO HIKE. T|XHE subscriber has sever d Servants t> re ' V ■ mong w hich are ex *ellent house servants of “°‘ sexes—and Boys and Girls. . _ L. F. E. DUGAS. December 21 ts